`571.272.7822
`
`Paper No. 82
` Entered: September 25, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SKECHERS U.S.A., INC.,
`Petitioner,
`
`v.
`
`NIKE, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00620 (Patent D723,783 S)
`Case IPR2017-00621 (Patent D723,781 S)1
`____________
`
`Before KEN B. BARRETT, GRACE KARAFFA OBERMANN, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`OBERMANN, Administrative Patent Judge.
`
`ORDER
`Granting Patent Owner’s Unopposed Motions to
`Expunge Confidential Materials from the Record
`37 C.F.R. § 42.56
`
`1 This order addresses issues common to both cases, therefore, we issue a
`single order to be entered in each case.
`
`
`
`IPR2017-00620 (Patent D723,783 S)
`IPR2017-00621 (Patent D723,781 S)
`
`
`
`
`On August 13, 2018, in each proceeding, Patent Owner filed a Motion
`to Expunge Confidential Materials from the Record. Paper 81, 80
`(“Motions”).2 Petitioner does not oppose the Motions. Paper 81, 2;
`Paper 80, 2. Patent Owner seeks to expunge the un-redacted versions of
`Exhibits 1032 and 2047 in each proceeding. Paper 81, 2; Paper 80, 2.
`Collectively, those un-redacted materials are referred to in the Motions as
`the “Sealed Documents.” Paper 81, 2; Paper 80, 2.3
`As Patent Owner points out, ordinarily, the Sealed Documents would
`become public 45 days after final judgment; however, as Patent Owner
`further observes, our rules permit a party to file a motion to expunge from
`the record confidential information prior to that information becoming
`public. Paper 81, 2–3; Paper 80, 2–3; see Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,623 (Aug. 14, 2012) (establishing expectation that
`confidential information will become public “45 days after final judgement
`in a trial”); 37 C.F.R. § 42.56 (rule contemplating motions to expunge
`confidential information after final judgment in a trial).
`Patent Owner previously established good cause for sealing the Sealed
`Documents and, further, attests that “the Board did not cite to the sealed
`portions of the Sealed Documents” in the Final Written Decisions entered in
`these proceedings. Paper 81, 4; Paper 80, 4. Under these circumstances, the
`public interest in maintaining a full and accurate history of the patents-at-
`issue is minimally impacted by granting the Motions. We determine that
`Patent Owner establishes an interest in expunging the Sealed Documents
`
`2 We refer sequentially to the paper numbers that correspond to the Motions
`filed in IPR2017-00620 and IPR2017-00621.
`3 The Sealed Documents bear the exhibit numbers in each proceeding.
`
`2
`
`
`
`IPR2017-00620 (Patent D723,783 S)
`IPR2017-00621 (Patent D723,781 S)
`
`
`
`that, under the particular facts and circumstances presented here, outweighs
`any public interest in their disclosure. Paper 81, 2–5; Paper 80, 2–5.
`
`
`ORDER
`
`Accordingly, it is
`ORDERED that Patent Owner’s Unopposed Motion to Expunge
`Confidential Materials from the Record is granted in each proceeding; and
`FURTHER ORDERED that the un-redacted versions (that is, the
`versions filed under seal) of Exhibits 1032 and 2047 shall be expunged from
`the record in each proceeding.
`
`3
`
`
`
`
`
`IPR2017-00620 (Patent D723,783 S)
`IPR2017-00621 (Patent D723,781 S)
`
`
`For PETITIONER:
`Samuel K. Lu
`Michael R. Fleming
`Talin Gordnia
`Morgan Chu
`IRELL & MANELLA LLP
`slu@irell.com
`mfleming@irell.com
`tgordnia@irell.com
`mchu@irell.com
`
`For PATENT OWNER:
`
`Christopher J. Renk
`Erik S. Maurer
`Audra Eidem Heinze
`Kurt Reister
`Michael J. Harris
`BANNER & WITCOFF, LTD
`crenk@bannerwitcoff.com
`emaurer@bannerwitcoff.com
`aheinze@bannerwitcoff.com
`kriester@bannerwitcoff.com
`mharris@bannerwitcoff.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
